Prohibition of Certain Illegal, Criminal or Malicious Conduct

ISSUE:    A.1.a.

Prohibition of certain illegal, criminal or malicious conduct.

Priority:
 

N/A

Issue/Request

Registrar shall not engage in activities or conduct that results in: (i) a conviction by a court of competent jurisdiction of a felony or other serious offense related to financial activities; (ii) a judgment by a court of competent jurisdiction that Registrar has committed fraud or breach of fiduciary duty; (iii) the Registrar being the subject of a judicial determination that is the substantive equivalent of those offenses (i)-(ii);  or (iv) the Registrar  knowingly and/or through gross negligence, permitting criminal activity in the registration of domain names or in the provision of domain name WHOIS information, after failing to promptly cure such activity after notice thereof.

Source: 
LEA Code of Conduct

Notes

Additional information regarding requests: N/A

Source: 

Discussion Points

Description

Date Discussed

Generally agreeable to Registrars; further discussion needed regarding choice of law (e.g., legal standard defining “criminal activity”) and scoping issues. 

Review  & consideration of draft implementing language

Registrars to review issues re: applicable law and court of competent jurisdiction (remove applicable law)

ICANN  to clarify with law enforcement representatives the issues re criminal provision of Whois data

Question raised about whether LEA intended “registration” to mean the original creation of a registration or the ongoing maintenance and servicing of a registration

18 Nov 2011

8 Dec 2011

17 Jan 2012


17 Jan 2012


27 Jan 2012

Proposed Text

Open

Status/Outcome

Under Discussion

Explanation

Open

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